Domestic Battery: PC 243(e)(1)
Domestic battery also concerns a willful or intentional act on an intimate partner except that the injury can be trivial, though harmful or offensive, and need not have caused any pain to the victim. For a battery to occur, it can be any unwanted contact such as pushing or slapping the individual and doing so with the purpose or intent of committing harm. A battery also occurs regardless if the contact was not directly on the victim. For example, smashing the victim’s car window while the person was inside, snatching a necklace off the intimate partner or kicking the victim’s cat in the person’s presence could be charged as domestic battery.
Domestic battery is a misdemeanor though you can face aggravated battery charges, which can be charged as a felony if the intimate partner suffered serious bodily injury, and face state prison time. In many cases, the court will require the offender to attend a batterer’s treatment program for at least one year as a condition of probation. A subsequent domestic battery conviction results in a mandatory minimum jail time of 48 hours.
Possible Defenses to a Domestic Violence Charge
There are numerous defenses available to anyone charged with any of the above charges, some of which are dependent on the crime for which you are being prosecuted.
- Self-defense. You can asset self-defense if you reasonably believed you or someone near you was in imminent danger of being harmed or unlawfully or offensively touched and that you needed to apply force to protect yourself or that other person. The force used must be only that required or necessary to defend yourself.
- Lack of injury. If no injury occurred, then certainly you cannot be prosecuted under PC 243.5, corporal injury to a spouse or cohabitant. You need not have produced a visible injury, though, to be charged with a battery offense or elder abuse.
- Lack of a sustained or reasonable fear for one’s safety or well-being. To be prosecuted for criminal threats, the victim must have had a reasonable fear of the threat and it must have lasted for more than a moment. Merely being startled or being told by the defendant that he or she may get you some day may not be enough to constitute a crime.
- False accusations. Many times, a jealous spouse or ex-dating partner or vengeful family member will fabricate a charge of assault or abuse. Often, a comprehensive medical examination will not contradict the accuser’s account of how an alleged injury occurred.
- Mistaken assumptions. In some cases, someone who is required to report suspected abuse or domestic violence will report it to authorities. A criminal defense attorney may have to launch a separate investigation to exonerate the defendant by showing that either someone else was responsible or that some other plausible explanation explains the injury.
- Violation of constitutional rights. Police must follow certain protocol that adheres to rights found in the federal and state constitutions regarding reasonable searches and seizures, extracting confessions and lawfully arresting someone.
Contact the Domestic Violence Attorney Group
A domestic violence accusation may be result of a mistake or a fabricated allegation from someone seeking retribution or vengeance against you. There are numerous cases where mitigating circumstances, unknown facts, misunderstandings or overzealous prosecutions result in unsubstantiated or excessive charges that our attorneys can examine and appropriately advise you. Promptly retaining an experienced domestic violence lawyer from the Domestic Violence Attorney Group can often mean the difference between getting your case dismissed, charges reduced, or having you plea to a different offense with lesser penalties. Woodland Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Woodland, California
About Woodland
Woodland (formerly Yolo City) is the county seat of Yolo County, California, located approximately 15 miles (24 km) northwest of Sacramento, and is a part of the Sacramento - Arden-Arcade - Roseville Metropolitan Statistical Area. The population was 55,468 at the 2010 census.
Woodland's origins trace back to 1850 when California gained its statehood and Yolo County was established. Since the town started growing in population and resources, it has not stopped. The area was well irrigated due to the efforts of James Moore, and this drew people out to try their hand at farming. The endeavor was successful as people found the soil in the area very fertile. The city gained a federal post office and the next year the county seat was moved from Washington (present day West Sacramento, California) to Woodland after Washington was flooded. The addition of a railroad line, the close proximity to Sacramento, and the more recent addition of Interstate 5, helped create a thriving city.
Within the past decade, Woodland has grown immensely with many additions to the community. Numerous subdivisions have been built (mainly on the east side of town) and several major chain stores have opened business in Woodland.
Woodland is located on flat land in the Central Valley (California), with the Yolo Bypass and the Sacramento River to the east and the Capay Valley and the Coast Range to the west. Woodland is a part of the Sacramento Metropolitan Area but it retains a "small town" feeling partly due to the mileage between the city and the neighboring cities. It is located just southeast of the county's geographical center, and is one of the largest cities north of Sacramento along Interstate 5 until Redding. Interstate 5 enters the city from the east and curves northward over the remainder of Woodland, exiting northwest. SR 113 enters the city from the south as a controlled access freeway and merges with the I-5, then diverges leaving the city northward as a standard two-lane road. The city is surrounded by farmland.
Woodland and the immediate surrounding area's economy has largely been based on agriculture. To this day, Yolo County is one of the largest crop producers in the state. Similarly, the transportation industry has played a large part in Woodland's economy. With heavy agricultural production comes the need to transport it. While maintaining the large role that agriculture and transportation still play in the town's activities, over the years Woodland has branched out into other sectors as well.
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